stuff happens all the time where'd you get robbed at though don't don't stay in the car stay in the Cooke Beach Police Department Florida traffic stop resulting in false identification arrest body cam footage legal and constitutional analysis hi hi how are you good how are you so this is my car I'm just asked I asked my friend to drive for me cause I'm feeling well okay I'm Officer Brown Cocoa Beach Police Department so the registration is expired I know I actually didn't so I'm from New York I live here now but in New York they do the registration totally different and I thought that they do it every year but apparently just Learned this like a few days ago on your birthday yeah exactly and my birthday just passed April 25th so I just taken that out okay um since you're actually the one driving I need your license I will be honest with you I have nothing on me I literally have just my cash I just got robbed yeah I have nothing at all I have nothing at all okay and I can prove it to you no you're fine I have like nothing you need my license to get in I don't OK yeah um OK what's your first name my first name is Tatiana spell it for me t a t I a n a OK and then last name brown oh okay and birthday one 1492 huh you're older though what I'm older than you yeah by three years I'm about to ha ha ha ha ha alright um should I just like not be driving cause I don't have my information no you're fine as long as it's good you're fine um what state are you from Florida oh Florida OK alright alright give me like a few minutes obviously I'm not gonna write you a ticket cause it's not your car so I know I'm just gonna take care of I mean can she just like drive I was just doing it for a moment to like no stop as long as you're fine you can drive I mean people stuff happens all the time where'd you get robbed at though Orlando literally I have cash on me I'm so annoyed it was such a my card my medical marijuana I do like everything wow and so that sucks alright well give me like I don't know five minutes and then I'll have you on your way okay alright thank you yep uh what's your middle name what's your middle name no no alright spell your first name again just so I have it spelled right t a t what's that oh two hands that's what I missed you said you have a Florida license okay one 14 of 1992 alright I was spelling it wrong that's why I was being dumb alright my bet give me a second I'll be right back well I mean I'm not getting ticketed can we just yeah but I still have to put the information into the computer for the traffic stop that's all am I okay to get out of the car until we get out of the center huh can I get out of the car and there's something in the truck until just hold on a second I know just hold on a second and she doesn't have a middle or you don't have it she said she doesn't have a middle but I also don't believe she's telling the truth either um yeah because I'm showing so far I'm so searching but there's a somewhere that comes up that's uh wanted no X out of Ohio matching name and you were born with a middle initial of L but her birthday is just showing 1 14 and 93 so far okay okay so be honest'cause I'm trying to be nice here do you have a do you actually have a license obviously do you have a license huh I have a license okay and I'm fine I just got nervous cause her stuffs removed and I didn't know what to do in the situation wait what that has nothing to do with you though I don't know what to do so I'm like freaking out so you give me a completely different person's name I'm sorry I don't want to make this complicated okay spell the correct name a t H y a alright should have told me that from the beginning so I could have had you guys on your way a lot faster I was just nervous oh I don't know what to do that looks it makes it look bad am I in trouble now well what happened here I mean I'm getting my I'm getting my taxes fixed I just found out about it well she was never getting a ticket for that but she was supposed to be driving it's because she was feeling nauseous I I get you just give me a second OK thank you that would you would have been gone a lot quicker give me the real name alright come here for a second I gotta show you something what just come here wait just come here so I can show you what I gotta show you what are you gonna show me a photo hey turn around put your hands behind your back no no don't don't stay in the car stay in the car don't move I'm not don't move it's okay I'm tired of you lying that's not who you are excuse me that's not who you are what is going on why is this happening why are you arresting me doing that cause wait wait wait stop moving I'm not OK I'm not that's not your name why are you what do you mean why are you aw aw aw wait why are you handcuffing me because you're lying to me I'm not lying yes she is because she lied to me about her name twice no why I just looked up that photo and that's not you at all no it's not yeah it is no it's not sir call my mom no call my mom right now no you that's not you it is her let's go call her mom right now no no no no you're on a walk I'm not lying no you're confused you're no seriously I'm not confused I'm not lying I lied to you stay in the car in the car I admit it to you you're lying okay let's go no you're you lied to me too much no it was one time I was nervous please can you stop nope can you call my mom please I'm not calling nobody get in the car this is this is not good wait please get in the car what why are you saying I'm lying now because you are I can have C driver's license photo that's not I have a driver's license that's not you get in the car that is me and my name is and you're doing what's your middle name sure it is get in the car excuse me get in the car let me see what you're talking about I need proof no now stop you're pushing me get in the car stop stop pushing me stop pushing me get in the car I'm not lying 82 step it up now okay I don't want this get in the car I'm gonna get in the car get in the car okay I'm getting in the car okay get in I'm getting in I'm getting in wait can you get my phone please close move your legs can you please so I pulled the driver out cause she's been lying to me about her name I'm 10 four 82 10 4 and so I told her to come back with me and then she started pulling away and I'm like no and I told her to get in the car and she didn't want to and then she's in the back and there's a passenger in the car you can switch your team hello how are you hi how are you good good let me see your license so what's your real name it's Athena I mean I don't know I don't understand why what the problem is that's not what that's showing up on your driver's license not her at all it's completely different person I mean that's I mean I can call her mom I have her mom's number do you need anything else let me know do you need anything else from me where are you taking her what's going on I don't know yet what's wrong with her can I get the driver's seat no you can hang tight right there you can hang tight right there okay so I stopped the car it's not her car it's this lady's car expired expired yeah so she's got this lady driving and she gives me a name and a date of birth and said she has a Florida license and I looked it up and there's no record found I called dispatch on the phone she ran through all 50 states and it's got a similar to the name but nothing else so I go back up and ask her and then she's like well I was scared so I lied and she's car insurance too uh listen so this is her car yeah she has a quarter she just moved she said so she just moved yeah but I want I didn't see when it was issued or whatever but come here so I want you to look at the photo alright I'm gonna open the passenger door and I want you to tell me if you think that's the same person or if you can see from I look like the same person to you no what's your real name you don't know your real name I mean you can get us you to jail under Jane Doe and we'll figure it out that way I don't know why this is happening right now because you're lying I admitted to what I said and that's not your real name okay you can just go to jail you're gonna take me regardless cause you don't believe me no I was gonna take you once you lied to me the second time the first time I was gonna just let it slide but now the second time you're still lying I'm not letting that slide and now I can check on two charges of false ID to law enforcement okay I'm gonna move you probably don't have a license so I'm gonna add that onto driving without a license cause I can't identify who you are and and all this other stuff huh I said I'm sorry officer this is just a really horrible situation it is so if you wanna tell me your real name but if not then that's fine we can play these games well you're not going home so keep lying that's what you get what they're taking me to jail and I don't know I don't know what's going on honestly that is not my concern at this point that's not my fault you shouldn't lie nope I'm sorry does she have any property in here um like some of her clothes and stuff and her bag no wallet no nothing no her no she has no wallet no purse no she has cash she has no she does not have her ID or her cards that's not that's the truth she has cash OK so what's her real name her name is Athena she doesn't I do not I mean she has her cash she doesn't I have her wallet I mean I have her bag she has no cards no nothing in there she doesn't like no ID cards no no we went out last night in Orlando she didn't have an ID when we went out like she was like that's her bag right there this is my bag where's her bag her bag is right here she doesn't have she doesn't have ID she's lucky I'll show you she doesn't have she has cash in here that's it cash and her and her stuff we went out in Orlando last night and like I know she has no ID on her because we went out and she couldn't show the ID to the security people so she was like having to you know deliver it anyway'cause I'm 38 so I'm old haha okay but but you know what I mean so like she was no idea to show how long how long have you known her um like a year I'm from New York but I moved here two years ago okay yeah I mean I know I have my New York license so I'm getting and that's why my tags expired as well because I didn't in New York it's totally different with the registration um you have the registration like on your window in New York so yeah here and I just got New York just got these plates recently like how how recent did you get them um cause they're already they're already expired no I know cause it was my birthday I did it for your birthday I just found that out my birthday is April 25th so I just found that out cause in New York it's like I think it's registration every year not by your birthday and I haven't even had this far yet OK yeah I've had this far since September so like when I I was actually pulled over the other day not because of this and I hadn't I was like super confused on it okay how would I have a registration expired I just got yet it made no sense to me you know so I tried they said I could pay for the tags online but I can't do that because I need to have a Florida actual license and here you have to make an appointment for that mm hmm we're in New York and it's just like totally different yeah so that's why I haven't done it yet OK so I was planning on doing it when I get back home which is now right so you just met her no I've known her for like a year OK I don't know how long she's been here like she's not where's she from I'm not sure exactly I think she was born in New Jersey or Florida I'm not really sure where does she live now though um she's I think I'm not really sure or or Pierce I don't really know okay it's kind of like okay um I don't know I don't wanna I don't wanna say cause I don't know exactly so I don't wanna tell you if I did wrong you know so she had no idea the whole time you've been with her no like like like I said we were out last night early and like we were in the back seat like you know right OK so so she told him that she was robbed last night yeah yeah she didn't have an idea where I was yeah so she was robbed but how did she have all that money I don't know I mean I just think okay I mean I know for me when I go out like there's my wallet yeah I don't bring my cash on me when I go out I yeah bring a different bag and I bring like $40 for that reason yeah you know what I mean cause I've been robbed before so haha unfortunate okay alright hang tight she was robbed if she was robbed there was a lot of money she has a lot of cash if this person is who you telling me is you you would have been given a warning and I would have sent you guys on your way we're well beyond that I don't take being lied to lightly sorry it's hard please please is it any please just forgive me in your heart I just wanna move from this I don't wanna be this person can you please can we please move on from this please God Mister Officer Brown please I disrespected you I lied but I just don't want to do this can we please move forward from this and not in this way you can give me a ticket give me anything but I don't want to go to jail please Officer Brown please can you hear me I was treating you like a person when I was up at and when you came back I promised you I wanted to tell you before anything I knew you were in this car looking things up and I was just like oh my God I have to get out and say something when your friend sat there knowing you were lying it's I know I put her in a bad position as well yes and that's why I'm getting her car towed what yeah her license is suspended so it is yeah please can I just have my mom come pick me up no no no yes there is nothing that you can say that's gonna make me change my mind well how much do I have to pay to get out of jail I will tell you that in a minute alright step out he's gotta do the fingerprint thing just gonna try and verify who you if you are who you say you are through through fingerprint okay we can just step out yeah I just have to reach around I have to get right index and a left index why do I have to do this I don't understand we're just trying to verify who you are yes sir I you verified so many different times I didn't verify that I told you I like I explained I wanna call my mom it's OK no no just I wanna call you don't you don't have the right to yeah you can't refuse this what do I have not the right to council or to call your mom we're just trying to verify that you are who you say you are yes so you need to get out I don't want to do that just go ahead and step out you have to I will grab you and make you get out I understand you don't want to but we need to verify your identity so you want some leeway here you need to follow what I'm saying all my information is right I can I can see you know your social how old are you 25 you what what point what if most 18 year olds are in the circle most kids you don't even know you're right let's step up I don't wanna do it I've told you have no choice why don't I have a choice stop it why are you grabbing me please stop please stop stop stop stop stop stop it stop stop I don't feel comfortable please stop well then just relax no cause you're holding me tight I don't know why and I've already spoken to you please let go of me please let go of me stop stop forcing me stop forcing me stop forcing me stop no let me go let me go let me go no no I'm gonna have no stop you're gonna get booked under Jane Doe okay and you're gonna stay in jail for five extra days why because that's how the system works leave me alone please stop please stop what are you doing to me stop stop stop it stop stop it stop leave me alone get off of me and stop stop stop stop stop stop get off of me no no let me go stop I said no I said no I don't want to stop leave me alone get off of me get off of me why am I gonna be pepper spray leave me alone get off of me get off of me no listen I understand you're intoxicated right now why am I intoxicated I can smell the alcohol in your breath I'm not intoxicated cause I'm gonna watch your hand let go of me you already kicked me you already gonna draw a felony charge for battery against a law enforcement officer I did not kick you you did stop relax your hand right now please stop you're hurting me you're hurting me stop if you're hurting me stop relax your hand let go of me I will when you let go of me let go of me let go of me let go of me let go of me let go of me let go of me you're making this way worse you're hurting me so bad you're hurting me so bad let me go jail's gonna do this too so either do it now or do it at the jail let go of me I did not kick you don't do that I call my mom what's your mom gonna say get off of me relax and let me take your fingerprint get off of me stop stop relax your hand stop why are you forcing me because you're gonna have to do this ah I'm just gonna ah do not kick me again I'm not kicking you that's cat I'm not kicking you I love you so much no stop it stop doing it you're hurting me so bad OK watch your hand stop it oh my arm oh my arm let me go my arm my arm would you get up you fell to the ground yep get up get up get up or I will pepper spray you at this point get up get up it's a lot of water man no now get back in the car no get in the car get in the car you guys are horrible people she is Tatiana how can you do that to people you were still lying about your name what is that a felony charge Florida Statutes Section 322.03 every person operating a motor vehicle must produce their driver's license upon demand of a law enforcement officer failure to produce creates lawful grounds for identity verification through state databases Florida Statute Section 901.36 it is unlawful to provide a false name date of birth or any false identifying information to an officer during lawful detention or arrest each false statement is a separate independent criminal offense not a single continuing violation Terry v Ohio 392 US 1 to 1,968 officers may extend a lawful stop when they possess reasonable articulable suspicion of criminal activity a partial warrant match across 50 states plus an inconsistent date of birth satisfies this constitutional standard probable cause independent basis for arrest a voluntary admission of providing a false name confirmed by a non matching DMV photograph establishes independent probable cause this probable cause exists separately from and in addition to the original traffic infraction Pennsylvania v MEMS 434 US 106 to 1,977 officers may order a detained driver to exit a vehicle as a matter of course without any individualized showing of danger this authority applies with equal force to persons already under lawful arrest seated in a patrol vehicle Florida Statute Section 901.241 law enforcement officers are authorized to fingerprint persons under lawful arrest when identity cannot be confirmed through standard database verification a lawful order to exit the vehicle for biometric identification is nonrefusable Graham v Conner 490 US 386 to 1,989 use of force is assessed by objective reasonableness from the perspective of a reasonable officer on scene not in hindsight three factors severity of the offense whether the subject poses an immediate threat and whether the subject is actively resisting lawful commands Florida statute sections 843.01 and 843.02 section 843.01 resisting an officer with violence felony third degree section 843.02 resisting without violence misdemeanor first degree both offenses may apply concurrently physical refusal of a lawful exit order satisfies the statutory threshold for Section 843.02 at minimum charges filed following this encounter battery on Law Enforcement Officer Section 784.07 Felony third degree false identification to law Enforcement two counts section 901.36 resisting arrest sections 843.01 843.02 driving with revoked license section 322.34 key legal lessons 1 every false statement to law enforcement during lawful detention is a separate criminal count not a single mistake 2 a lawful order to exit a vehicle or submit to biometric identification cannot be refused once a person is under arrest 3 the use of force analysis under Graham begins at the moment of active resistance not at the outset of the stop cooperation at each stage determines legal exposure at every stage that follows